Cheeky Monkey Nannies
01844 281 865
Terms and Conditions.
TERMS AND CONDITIONS OF BUSINESS FOR CHEEKY MONKEY NANNIES
1. Definitions
(i) Where in these Terms and Conditions of Business and elsewhere in the Agency's literature the following bold typed words commence with capital letters they have the following meanings unless the context otherwise requires:
(a) Client shall include any person, parent, member of the family, or third party appointed by such person, parent or member of the family.
(b) Employee shall include any person to whom the Agency introduces to the Client as being available for work or hire.
(ii) The provisions of these Terms and Conditions of Business shall unless the context otherwise requires be construed as follows:
(a) Obligations and liabilities of the Client comprising more than one person are obligations and liabilities of such persons jointly and severally.
(b) Words importing one gender include all other genders.
(c) The singular includes the plural and vice versa.
(i) Headings to clauses of these Terms and Conditions of Business do not affect the interpretation or construction of these Terms and Conditions of Business.
2. Account
(i) The Agency's account must be paid in full within seven days from the date of the invoice to qualify for the guarantee and refund terms.
(ii) If payment is settled in accordance with clause 2(i) the Client will qualify for the guarantee referred to in clause 4.
(iii) The Agency accepts payment by cash, cheques or direct banking.
3. Booking the Employee
(i) All bookings of Employees introduced by or through the Agency must be made with or through the Agency.
(ii) The Client must confirm the booking of the Employee by immediately notifying the Agency.
(iii) Once a booking has been confirmed, if the Client cancels the booking before the Employee commences their employment the Client will be charged a cancellation fee of 50% of the Introduction fee.
(iv) Should an Employee fail to take up employment, a full refund will be given to the Client.
(v) Clients wishing to re-employ Employees introduced to them by the Agency must re-book through the Agency, not directly with the Employee. The Agency's engagement fees in accordance with clause 2 shall apply.
4. Guarantee and Refund Terms
(i) After the commencement of the Employee's employment, refunds will only be payable to the Client if the Employee's employment shall have been determined within the time periods set out in clause 4(ii) and the Client has informed the Agency in writing of the fact within seven days of the date the Employee's employment was determined.
(ii) Refunds will be given in accordance with clause 4(i) as follows: Up to 6 weeks.
1-2 weeks - 100% refund
3-4 weeks - 50% refund
5-6 weeks - 30% refund
(iii) A booking is deemed satisfactory after 6 weeks and thereafter no refund will be payable.
5. General Conditions
(i) These Terms and Conditions of Business between the Agency and the Client are deemed to be accepted by the Client if an Employee is interviewed by the Client or the Employee commences employment with the Client introduced by the Agency.
(ii) Introductions of Employees are confidential and are not to be passed on by the Client to any other person. The passing on of an introduction to another employer, which results in an engagement of the Employee, renders the Client liable for full payment of the engagement fee.
(iii) The Agency acts as an introduction and booking agent only between Clients and Employees and does not directly or indirectly employ Employee's. An Employee is always employed by the Client except where the Employee elects to be self-employed. Employees shall be under the supervision, direction and control of the Client.
(iv) The Client is responsible for paying the agreed salary net of Income Tax and National Insurance liabilities directly to the Employee (or the bank of their choice) and for arranging all work permits/immigration requirements and health insurance where applicable.
(v) The Agency will Endeavour to introduce only reliable Employees but the Agency cannot under any circumstances accept responsibility for the acts and omissions of Employees introduced or for any loss, expense or damage arising from any reason there from.
(vi) No responsibility or liability whatsoever can be accepted by the Agency, its proprietor, employees, agents or associates for any costs, claims, demands, damages, losses, expenses or liabilities whatsoever and howsoever caused to the Client or their property arising from any introduction or booking effected or attempted by or through the Agency. The Agency is unable to give and does not give and there is not to be taken as implied by any booking or introduction effected or attempted by or through the Agency any warranty and/or representation concerning the history, character, age, capability or suitability of Employees introduced or booked. The final decision as to suitability and responsibility for ensuring any special circumstances are satisfied and whether to retain the Employee rests solely with the Client and the Client must satisfy themselves in this respect.
(vii) The Agency is unable to give and does not give and there is not to be taken as implied, any warranty and/or representation that any Employee is or will in fact be available to fulfil a booking made by or through the Agency for their introduction to the Client or that they will in fact be available to fulfil any employment offered by the Client.
(viii) The Agency's Introduction fee will be payable by the Client in accordance with clause 2 whether the Employee is satisfactory or unsatisfactory.
(ix) It is customary for clients to reimburse travelling expenses for applicants attending an interview from outside the local area.
(x) The Agency reserves the right to change these Terms and Conditions of Business without prior notification.
(xi) If any provision of these Terms and Condition of Business is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Condition of Business and the remainder of the affected provisions shall continue to be valid.
(xii) These Terms and Condition of Business shall be governed by and construed in all respects in accordance with the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English courts.
